Air Plan Approval; California; Placer County Air Pollution Control District; Open Burning Rules, 40336-40338 [2021-16009]
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khammond on DSKJM1Z7X2PROD with RULES
40336
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 27,
2021. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
VerDate Sep<11>2014
16:30 Jul 27, 2021
Jkt 253001
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 8, 2021.
Elizabeth Adams,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(518)(i)(A)(6) and
(c)(558) to read as follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(518) * * *
(i) * * *
(A) * * *
(6) Previously approved on July 2,
2019 in paragraph (c)(518)(i)(A)(1) of
this section and now deleted with
replacement in paragraph
(c)(558)(i)(A)(1) of this section, Rule
1114, ‘‘Wood Products Coating
Operations,’’ amended on January 22,
2018.
*
*
*
*
*
(558) The following rules were
submitted on November 18, 2020, by the
Governor’s designee as an attachment to
a letter dated November 17, 2020.
(i) Incorporation by reference. (A)
Mojave Desert Air Quality Management
District.
(1) Rule 1114, ‘‘Wood Products
Coating Operations,’’ amended on
August 24, 2020.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
*
*
*
*
*
[FR Doc. 2021–16006 Filed 7–27–21; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0477; FRL–8739–02–
R9]
Air Plan Approval; California; Placer
County Air Pollution Control District;
Open Burning Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Placer County
Air Pollution Control District (PCAPCD)
portion of the California State
Implementation Plan (SIP). These
revisions concern emissions of oxides of
nitrogen (NOX) and particulate matter
(PM) from open burning. We are
approving local rules that regulate these
emission sources under the Clean Air
Act (CAA or the Act).
DATES: These rules will be effective on
August 27, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0477. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3073 or by
email at Gong.Kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
SUMMARY:
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
E:\FR\FM\28JYR1.SGM
28JYR1
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
Local Agency
I. Proposed Action
On February 18, 2021 (86 FR 10225),
the EPA proposed to approve the
following rules into the California SIP.
Rule No.
PCAPCD ...........
PCAPCD ...........
PCAPCD ...........
Rule title
301
302
305
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received five public
comments. These comments were
generally supportive of the action and
none raised any concerns with our
proposed rule.
III. EPA Action
No comments were submitted that
change our assessment of the rules as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving these rules into the California
SIP. The August 9, 2018 versions of
Rule 301 and 302 and the October 11,
2018 version of Rule 305 will replace
the previously approved versions of
these rules in the SIP.
khammond on DSKJM1Z7X2PROD with RULES
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
PCAPCD rules described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
available through www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
16:30 Jul 27, 2021
Amended
Nonagricultural Burning and Smoke Management ......................................
Agricultural Waste Burning Smoke Management ........................................
Residential Allowable Burning ......................................................................
We proposed to approve these rules
because we determined that they
comply with the relevant CAA
requirements. Our proposed action
contains more information on the rules
and our evaluation.
VerDate Sep<11>2014
Jkt 253001
40337
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
08/09/2018
08/09/2018
10/11/2018
Submitted
11/21/2018
11/21/2018
01/31/2019
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 27,
2021. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements.
E:\FR\FM\28JYR1.SGM
28JYR1
40338
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations
Dated: July 16, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends part 52, chapter I, title
40 of the Code of Federal Regulations as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. Section 52.220 is amended by
adding paragraphs (c)(423)(i)(A)(8), (9),
and (10), (c)(527)(i)(C), and (c)(545)(i)(C)
to read as follows:
■
Identification of plan-in part.
*
khammond on DSKJM1Z7X2PROD with RULES
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Subpart F—California
*
*
*
*
(c) * * *
(423) * * *
(i) * * *
(A) * * *
(8) Previously approved on January
31, 2013, in paragraph (c)(423)(i)(A)(1)
of this section and now deleted with
replacement in paragraph
(c)(527)(i)(C)(1) of this section, Rule 301
‘‘Nonagricultural Burning Smoke
Management’’, amended on February 9,
2012.
(9) Previously approved on January
31, 2013, in paragraph (c)(423)(i)(A)(2)
of this section and now deleted with
replacement in paragraph
(c)(527)(i)(C)(2) of this section, Rule 302
‘‘Agricultural Waste Burning Smoke
Management’’, amended on February 9,
2012.
(10) Previously approved on January
31, 2013, in paragraph (c)(423)(i)(A)(5)
of this section and now deleted with
replacement in paragraph
(c)(545)(i)(C)(1) of this section, Rule 305
‘‘Residential Allowable Burning’’,
amended on February 9, 2012.
*
*
*
*
*
(527) * * *
(i) * * *
(C) Placer County Air Pollution
Control District.
(1) Rule 301, ‘‘Nonagricultural
Burning Smoke Management,’’ amended
on August 9, 2018.
(2) Rule 302, ‘‘Agricultural Waste
Burning Smoke Management’’ amended
on August 9, 2018.
*
*
*
*
*
(545) * * *
(i) * * *
(C) Placer County Air Pollution
Control District,
16:30 Jul 27, 2021
ENVIRONMENTAL PROTECTION
AGENCY
Fludioxonil; Pesticide Tolerances
Authority: 42 U.S.C. 7401 et seq.
Jkt 253001
This regulation establishes a
tolerance for residues of fludioxonil in
or on banana. Syngenta Crop Protection,
LLC requested this tolerance under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
SUMMARY:
This regulation is effective July
28, 2021. Objections and requests for
hearings must be received on or before
September 27, 2021, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
DATES:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2020–0334, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
ADDRESSES:
PO 00000
Frm 00040
Fmt 4700
telephone number: (703) 305–7090;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
BILLING CODE 6560–50–P
[EPA–HQ–OPP–2020–0334; FRL–8656–01–
OCSPP]
1. The authority citation for part 52
continues to read as follows:
VerDate Sep<11>2014
[FR Doc. 2021–16009 Filed 7–27–21; 8:45 am]
40 CFR Part 180
■
§ 52.220
(1) Rule 305, ‘‘Residential Allowable
Burning’’ amended on October 11, 2018.
(2) [Reserved]
*
*
*
*
*
Sfmt 4700
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Publishing Office’s eCFR site at https://www.ecfr.gov/cgi-bin/
text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2020–0334 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
September 27, 2021. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
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]]>Agencies
[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Rules and Regulations]
[Pages 40336-40338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16009]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0477; FRL-8739-02-R9]
Air Plan Approval; California; Placer County Air Pollution
Control District; Open Burning Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Placer County Air Pollution Control
District (PCAPCD) portion of the California State Implementation Plan
(SIP). These revisions concern emissions of oxides of nitrogen
(NOX) and particulate matter (PM) from open burning. We are
approving local rules that regulate these emission sources under the
Clean Air Act (CAA or the Act).
DATES: These rules will be effective on August 27, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0477. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3073 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
[[Page 40337]]
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On February 18, 2021 (86 FR 10225), the EPA proposed to approve the
following rules into the California SIP.
----------------------------------------------------------------------------------------------------------------
Local Agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD............................ 301 Nonagricultural Burning and 08/09/2018 11/21/2018
Smoke Management.
PCAPCD............................ 302 Agricultural Waste Burning 08/09/2018 11/21/2018
Smoke Management.
PCAPCD............................ 305 Residential Allowable 10/11/2018 01/31/2019
Burning.
----------------------------------------------------------------------------------------------------------------
We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. Our proposed action contains
more information on the rules and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received five public comments. These comments
were generally supportive of the action and none raised any concerns
with our proposed rule.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving these rules
into the California SIP. The August 9, 2018 versions of Rule 301 and
302 and the October 11, 2018 version of Rule 305 will replace the
previously approved versions of these rules in the SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
PCAPCD rules described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 27, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements.
[[Page 40338]]
Dated: July 16, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(423)(i)(A)(8),
(9), and (10), (c)(527)(i)(C), and (c)(545)(i)(C) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(423) * * *
(i) * * *
(A) * * *
(8) Previously approved on January 31, 2013, in paragraph
(c)(423)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(527)(i)(C)(1) of this section, Rule 301 ``Nonagricultural
Burning Smoke Management'', amended on February 9, 2012.
(9) Previously approved on January 31, 2013, in paragraph
(c)(423)(i)(A)(2) of this section and now deleted with replacement in
paragraph (c)(527)(i)(C)(2) of this section, Rule 302 ``Agricultural
Waste Burning Smoke Management'', amended on February 9, 2012.
(10) Previously approved on January 31, 2013, in paragraph
(c)(423)(i)(A)(5) of this section and now deleted with replacement in
paragraph (c)(545)(i)(C)(1) of this section, Rule 305 ``Residential
Allowable Burning'', amended on February 9, 2012.
* * * * *
(527) * * *
(i) * * *
(C) Placer County Air Pollution Control District.
(1) Rule 301, ``Nonagricultural Burning Smoke Management,'' amended
on August 9, 2018.
(2) Rule 302, ``Agricultural Waste Burning Smoke Management''
amended on August 9, 2018.
* * * * *
(545) * * *
(i) * * *
(C) Placer County Air Pollution Control District,
(1) Rule 305, ``Residential Allowable Burning'' amended on October
11, 2018.
(2) [Reserved]
* * * * *
[FR Doc. 2021-16009 Filed 7-27-21; 8:45 am]
BILLING CODE 6560-50-P
